Im Confused, should I use form I-130 or I-129f

[Sofiane 0]

Hi Everybody,

First of all, this is a great forum for american dream seekers.

I have a question, if someone can provide me with some insights, that'll be great.

Here's the deal:

I recently became a US Citizen ( 3 months ago ). Before that, in late 2008 I went to Algeria and got engaged to my woman; we did get a marriage certificate( Jan 2009) from the local city hall, however the marriage was not consummated nor there was a marriage ceremony ( we agreed to do so once her papers are ready ). When I came back to the US, I filed for my citizenship ( which I should have filed years ago ), and because the marriage was never consummated, nor there was a wedding ceremony, I filed as Divorced ( from my ex-wife) in my N400. My confusion is, I don't know what to file for her now. Should I use the I-130 ( which they say in the instructions that I can't if the marriage was not consummated ), or the I129f as a K1 fiance visa. Also in the forms I129f, and G-325a ( biometrics , what should we put for Marital Status, Divorced for me and Single for her; or both Married.

Please, I need to know if someone knows, or if someone has been in the same situation.....

MANY THANKS,

Sofiane

[Darnell 8,478]

you need to determine if you are legally married in Algeria or legally divorced in Algeria.

It's my understanding that there is some marriage certificate that is issued by a government office, same for a divorce certificate.

what do you have?

I can't speak about anything in Algeria, but there have been some cases from members in Nigeria, reported here, where they filed the I-129F for a fiance, but had had some tribal wedding ceremony prior, and at the interview, they were denied because of this.

Edited June 11, 2011 by Darnell

[Sofiane 0]

you need to determine if you are legally married in Algeria or legally divorced in Algeria.

It's my understanding that there is some marriage certificate that is issued by a government office, same for a divorce certificate.

what do you have?

I can't speak about anything in Algeria, but there have been some cases from members in Nigeria, reported here, where they filed the I-129F for a fiance, but had had some tribal wedding ceremony prior, and at the interview, they were denied because of this.

Thanks for the reply Darnell,

The customs in Algeria is that you are not considered married ( even with government-issued marriage certificate, which I have )until there has been a weeding ceremony and most importantly the marriage has been consummated. As for my divorce, i have divorce decree from the Cincinnati City Court.

[Darnell 8,478]

ok - so legally yer not married to her, right? You've a divorce decree with her name on it, ya?

If that's the case, suggest a fiance visa, but.. get some more input - ask yer question in the MENA forum, as well.

http://www.visajourney.com/forums/forum/97-middle-east-and-north-africa/

Edited June 11, 2011 by Darnell

[Sofiane 0]

ok - so legally yer not married to her, right? You've a divorce decree with her name on it, ya?

If that's the case, suggest a fiance visa, but.. get some more input - ask yer question in the MENA forum, as well.

http://www.visajourney.com/forums/forum/97-middle-east-and-north-africa/

Thanks Darnell. Yes, she has a divorce decree from Algeria from her previous marriage when was terminated. I have a divorce decree from my previous marriage ( ex wife ) from Cincinnati city court. Also, we have a marriage certificate when me and my woman got engaged in 2009, but we still not officially married. For example, if God forbids that things didn't work out between us, and we decided to split before we have wedding. Then, the government office would not issue us a divorce, instead it will be noted that the marriage is nulled. That's because the marriage was never consummated nor we had a marriage ceremony.

So my whole thing is in the I-219f should I check in Marital Status #Divorced ( from my previous marriage), or instead #Married ( because I have government issue marriage certificate, but still not officially married yet because we still didn't consummate our marriage nor had wedding ceremony ). AND THAT'S the WHOLE CONFUSION

[Dan Nguyen 3]

Hi Everybody,

First of all, this is a great forum for american dream seekers.

I have a question, if someone can provide me with some insights, that'll be great.

Here's the deal:

I recently became a US Citizen ( 3 months ago ). Before that, in late 2008 I went to Algeria and got engaged to my woman; we did get a marriage certificate( Jan 2009) from the local city hall, however the marriage was not consummated nor there was a marriage ceremony ( we agreed to do so once her papers are ready ). When I came back to the US, I filed for my citizenship ( which I should have filed years ago ), and because the marriage was never consummated, nor there was a wedding ceremony, I filed as Divorced ( from my ex-wife) in my N400. My confusion is, I don't know what to file for her now. Should I use the I-130 ( which they say in the instructions that I can't if the marriage was not consummated ), or the I129f as a K1 fiance visa. Also in the forms I129f, and G-325a ( biometrics , what should we put for Marital Status, Divorced for me and Single for her; or both Married.

Please, I need to know if someone knows, or if someone has been in the same situation.....

MANY THANKS,

Sofiane

You're dealing with U.S. Immigration laws. Not Algerian laws. As long as you have a marriage certificate issued by the appropiate authority, you are consider legally married. You have to file form I-130.

The U.S. does not care if your marriage has been consummated or not. However, no marriage ceremony could raise problem at the visa interview. I suggest you have a wedding ceremony and take lots of photos.

[Sofiane 0]

You're dealing with U.S. Immigration laws. Not Algerian laws. As long as you have a marriage certificate issued by the appropiate authority, you are consider legally married. You have to file form I-130.

The U.S. does not care if your marriage has been consummated or not. However, no marriage ceremony could raise problem at the visa interview. I suggest you have a wedding ceremony and take lots of photos.

Thanks hnguyen3k,

That would not be possible for me to file with I-130 form , as in the instructions for I-130, in the section: WHO MAY NOT FILE FORM I-130 ?

I fall in the category in this category:

4. A husband or wife, if you and your spouse were not both

physically present at the marriage ceremony, and the

marriage ceremony was not consummated.

In my case I neither had ceremony, nor the marriage was consummated, as I mentioned before- since we agreed to do so when she's ready to join me, as far as paper-wise.

[Dan Nguyen 3]

Thanks hnguyen3k,

That would not be possible for me to file with I-130 form , as in the instructions for I-130, in the section: WHO MAY NOT FILE FORM I-130 ?

I fall in the category in this category:

4. A husband or wife, if you and your spouse were not both

physically present at the marriage ceremony, and the

marriage ceremony was not consummated.

In my case I neither had ceremony, nor the marriage was consummated, as I mentioned before- since we agreed to do so when she's ready to join me, as far as paper-wise.

All USCIS requires is your marriage certificate in order to file form I-130. Which you have. Maybe you misunderstand the word "consummated". All that means is that your marriage is complete. You have a marriage certificate. Your marriage is complete. Of course having a marriage ceremony would be in your favor, but is not needed at this stage of your petition.

[Sofiane 0]

All USCIS requires is your marriage certificate in order to file form I-130. Which you have. Maybe you misunderstand the word "consummated". All that means is that your marriage is complete. You have a marriage certificate. Your marriage is complete. Of course having a marriage ceremony would be in your favor, but is not needed at this stage of your petition.

Thanks again.

[Penguin_ie 5,986]

You are legally married from what I understand- it doesn't matter that you didn't have a big celebration, or that custom doesn't see you as married. If you are legally married in Algeria, you MUST file as married (ie the I-130 leading to a CR-1 visa); the "consmuated" bit only applies to proxy marriages, and you two married in person.

[Darnell 8,478]

oh so the divorce document is on someone else, not yer wife. man i am confused !

[momof1 205]

We have a friend who came to the US from Algeria in 2001 through the dv lottery. He too waited a lonf time to apply for citizenship. He became a USC in 2008 and went to Algeria to stay with his mom who was sick. While there he married and applied for his wife through DCF. Tgey never lived together or consumated the marriage until she came to the US. He told us indirectly in a way that we would understand without actually saying it loool @ cultural stuff. Anyway, no one ever asked if they had sex. Most of the spousal petitions they see in algiers are situations just like yours with algerian USCs filing for Algerian brides. I know at least two other that came on the dv lottery who brought their wives when their marriage was not consummated...all Algerian. Goid luck!!

[momof1 205]

What joy typing on an iphone is... Sorry for the typos

[Daniel&Theary 30]

If the is documentation saying you are married with the Government of Algeria weather a ceremony or not then you are married if it is just documents stating you are engaged then you file for fiance. the other thing is where you free to marry another at the time you got papers to marry in Algeria from your dates it is hard to tell

[Sofiane 0]

We have a friend who came to the US from Algeria in 2001 through the dv lottery. He too waited a lonf time to apply for citizenship. He became a USC in 2008 and went to Algeria to stay with his mom who was sick. While there he married and applied for his wife through DCF. Tgey never lived together or consumated the marriage until she came to the US. He told us indirectly in a way that we would understand without actually saying it loool @ cultural stuff. Anyway, no one ever asked if they had sex. Most of the spousal petitions they see in algiers are situations just like yours with algerian USCs filing for Algerian brides. I know at least two other that came on the dv lottery who brought their wives when their marriage was not consummated...all Algerian. Goid luck!!

Thankx